Terms of Use

Terms of Use

These terms of use (hereafter defined as 'Terms') govern your use of the Sharp Airlines website. Your access to and use of the information, materials and services provided on this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this website . Your use of this site will mean you accept these Terms. If you do not agree to these Terms, do not use this website.

We may revise these Terms at any time by updating this posting, and your use afterwards signifies your acceptance of the changed Terms. Please check these Terms periodically for changes.

Intellectual Property Rights

Our name and logo are registered trademarks and may not be used without our written consent.

The material contained on the web site is protected by copyright. You may use the web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the web site, or create any other material using material on these web sites, without obtaining the prior written consent of Sharp Airlines.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Sharp Airlines.

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by Sharp Airlines or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

External Sites or Third Party Links

This web site may contain links to, or frame, web sites of third parties ("external sites"). Links to other websites are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. Sharp Airlines will not be liable for any damages or injury arising from your access to such sites or content.

By clicking on a link to any third party website, you consent to our disclosure of your relevant personal information with our software provider and the operator of that website for the purposes of processing your request to link to a third party website. We will disclose such personal information in accordance with our Privacy Policy.

If you choose to leave the Sharp Airlines website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites.

Before disclosing your personal information or using other websites, we recommend that you examine the privacy policies as well as the terms and conditions of those websites, as they may differ from this website.

You must obtain our written permission to make any hyperlinks with this website.

Your Obligations

You:• Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;• Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;• Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;• Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;• Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);and• Agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

Our Rights

We reserve the right to:• Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and• We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Your Data

We respect your personal information and undertake to comply with applicable Australian Law legislation from time to time in place.

You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so.

We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.

Please view our Privacy Policy, which forms part of these Conditions.

Security

When you book flights or access your SharpFlyer membership information, a secure server is used.

Secure Sockets Layer (SSL) encrypts the information you send through this web site. Sharp Airlines does not control SSL and cannot guarantee the strength or effectiveness of that encryption.

This site may provide you with the ability to use usernames, passwords or other codes or devices to gain access to restricted portions of this site ("access codes"). The content contained in such restricted areas is confidential, and is provided to you for such purposes as reviewing travel itineraries or billing statements. We reserve the right to prohibit the use of such access codes on your behalf by third parties to prevent fraud or uses that interfere with our site's operation or integrity.

Disclaimers and Limitation of Liability

Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms is intended to exclude or restrict the application of such laws but Sharp Airlines does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this website outside these laws.

Subject to claims available under consumer protection laws:

Sharp Airlines is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of this website;

Sharp Airlines is not liable for disruptions to this website; and

Sharp Airlines is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Notices

You may send us notices under or in connection with these Conditions:• by post to PO Box 710, Hamilton VIC 3300; or• by email to marketing@sharpairlines.com.au

As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 7 working days of our receipt and should be retained by you.

Limitation of Liability

WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or• any loss of goodwill or reputation; or• any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Linking to sharpairlines.com

In order to be able to link to information on this site you will need to agree to the linking conditions and obtain approval from Sharp Airlines. To request approval please email marketing@sharpairlines.com.au and ensure your e-mail contains the following information:

Company Name

Contact Name

E-mail Address

URL of internet site that will link to sharpairlines.com.au

Nature of your company's web site

Changes to These Terms

We reserve the right to amend, modify, add, delete and make corrections to the website at any time without notice.